How do I file a subpoena for records and how does that process work?

I got stopped for a moving violation and I have decided to plead not guilty because I think the office clocked the wrong vehicle. I have a hearing date set. This is in a small county and the judge was almost mad that I wanted to fight this violation. I asked to file a motion for discovery and he told me I had to subpoena the information I was looking for. The county clerk has not been helpful for me and doesn’t want to help me.

Asked on August 1, 2012 under Criminal Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you are not getting help concerning the request for the issuance of a subpoena to get the records that you want, I suggest that you consult with an attorney to prepare such a document for you and have it issued.

If you do not wish to consult with an attorney, you should go to your local legal aid department, county bar association or local law library to get copies of forms for the issuance of the subpoena you want.

Once the subpoena is filled out, issued by the court clerk, it is then served by a process server on the person or entity to whom the subpoena is issued to.


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